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Mark Herring to challenge Virginia same-sex marriage ban

Gay nuptials supporter says “elections have consequences”

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Mark Herring, gay news, Washington Blade

Mark Herring, gay news, Washington Blade

Virginia Attorney General Mark Herring (Photo courtesy of Herring for Attorney General)

Virginia Attorney General Mark Herring on Thursday announced he will not defend the state’s same-sex marriage ban.

Herring in a statement declared the gay nuptials ban unconstitutional. He also said he will join a federal lawsuit challenging it that two same-sex couples from Norfolk and Richmond — Timothy Bostic and Tony London and Carol Schall and Mary Townley — filed last year.

“Virginia has argued on the wrong side of some of our nation’s landmark cases,” said Herring, noting the U.S. Supreme Court’s Loving v. Virginia decision that struck down interracial marriage bans and other issues. “It’s time for the commonwealth to be on the right side of history and the right side of the law.”

State Del. Scott Surovell (D-Fairfax County) welcomed Herring’s announcement.

“Elections have consequences and the U.S. Supreme Court’s Windsor decision makes clear that we must give full faith and credit to non-Virginia gay marriages,” the Fairfax County Democrat told the Washington Blade after the Post published its story. “Attorney General Herring is simply enforcing the law of the land as reflected [and] interpreted by the U.S. Supreme Court six months ago.”

Equality Virginia Executive Director James Parrish described Herring’s decision as “truly commendable.”

“This is a new day for loving gay and lesbian couples who want to marry the person they love in the state they call home,” Parrish told the Blade. “Thanks to Mark Herring, today we are one step closer to equality and fairness for LGBT Virginians.”

State Sen. Adam Ebbin (D-Alexandria) also welcomed the former Loudoun County senator’s announcement.

“We’re the birthplace of the Bill of Rights, but unfortunately also the place that outlawed interracial marriage,” Ebbin told the Blade. “Tt’s nice to be getting it right and be on the right side of history and not move backwards.”

Pat Mullins, chair of the Republican Party of Virginia, blasted Herring over his decision not to defend the commonwealth’s same-sex marriage ban.

“If Mark Herring doesn’t want to defend this case, he should resign, and let the General Assembly appoint someone who will,” said Mullins. “Mark Herring owes the people of Virginia no less.”

National Organization for Marriage President Brian Brown said state lawmakers should impeach Herring for what his organization described as a “lawless” decision.

“The attorney general swore an oath that he would ‘support… the Constitution of the commonwealth of Virginia’ and faithfully discharge his duties, which include defending duly enacted laws like the state’s marriage amendment,” said Brown. “Yet now Attorney General Herring is participating in a lawsuit against the very people he is sworn to represent, the citizens of Virginia who preserved marriage in their constitution. This malfeasance and neglect of duty is not only a disgrace, it’s an impeachable offense under the constitution.”

House Speaker Bill Howell (R-Stafford County) is among those who also sharply criticized Herring.

“What we really have here is a breakdown of the rule of law,” said state Sen. Dick Black (R-Loudoun County) during an interview with Bruce DePuyt of News Channel 8.

The announcement comes less than two weeks after Herring took office alongside Gov. Terry McAuliffe and Lieutenant Gov. Ralph Northam.

Former Attorney General Ken Cuccinelli, who ran against McAuliffe, vehemently opposed marriage rights for same-sex couples in the commonwealth. The former GOP gubernatorial candidate wrote in a non-binding opinion to state Del. Bob Marshall (R-Prince William County) one day before leaving office that a governor may not require any state government agency to allow gays and lesbians to receive “joint marital status” for state income tax returns.

Herring in 2006 voted against marriage rights for same-sex couples while in the state Senate. Virginia voters the same year approved a state constitutional amendment banning gay nuptials by a 57-43 percent margin.

State Del. Mark Cole (R-Fredericksburg), chair of the Virginia House of Delegates Privileges and Elections Committee, earlier this month announced it will not consider any proposed resolutions that sought to repeal the marriage amendment during the 2014 legislative session.

The House Civil Law Subcommittee on Monday narrowly struck down Surovell’s bill that would have repealed the commonwealth’s statutory same-sex marriage ban.

State Del. Rob Krupicka (D-Alexandria) earlier this month introduced a proposed resolution that sought to amend the state constitution to allow same-sex marriage in Virginia. The Alexandria Democrat’s proposal would have also allowed the commonwealth to recognize gay nuptials legally performed in neighboring D.C. and Maryland and other jurisdictions.

Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia in Norfolk is scheduled to hold a hearing in the Bostic case on Jan. 30. The American Civil Liberties Union, Lambda Legal and the ACLU of Virginia in August filed a class action federal lawsuit on behalf of two lesbian couples who are seeking marriage rights in the state.

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Comings & Goings

Meléndez, Rosen take new roles at Wanda Alston Foundation

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From left, Yadiel Meléndez and Ben Rosen

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Yadiel Meléndez, on their new role as Community Associate, with the Wanda Alston Foundation. Meléndez is piloting a new role as a Community Associate at the Wanda Alston Foundation, where they support queer and trans young people in finding their footing, building independence, and experiencing a housing community where they are seen, valued, and affirmed. They are coming into this role with more than a decade of experience as a community organizer and operations specialist, supporting diverse communities through service, advocacy, and program coordination.

Previously they worked for Right Proper Brewing Shaw as a server and bartender and at Sephora, Washington, DC, and at FreshFarm, DC, in bilingual food access. They also worked freelance to build foundational structures for local queer BIPOC performance art coalitions, producing variety shows to curate space for marginalized performance artists in the community. They were a production manager for Haus of Hart Productions, a BIPOC centric performance art production. They also worked as field staff with the American Foundation for Suicide Prevention in Stafford, Va.  

Meléndez is bilingual, Spanish and English. Their work is guided by a commitment to dignity, safety, and trauma-informed engagement, particularly within LGBTQ and BIPOC communities.

Congratulations also to Ben Rosen LICSW, on his new role as program director, with the Wanda Alston Foundation. Rosen previously worked with Fountain House’s OnRamps program, helping to build a new, innovative outreach program for individuals considered chronically homeless, and living with serious mental illness, in the Times Square area of New York. Rosen is a Psychotherapist, having worked with SG Psychotherapy, and as the psychotherapist with the Nest Community Health Center (URAM).

Rosen has a B.F.A. in Theatre Arts: Musical Theatre, Minor in Psychology (Cum Laude) from Malloy University Conservatory; and his M.S.W. in Clinical Practice with Individuals, Families, and Groups, from The Silberman School of Social Work, Hunter College, N.Y. He is independently licensed in New York and Washington, D.C.

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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District of Columbia

Celebrations of life planned for Sean Bartel

Two memorial events scheduled in D.C.

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(Washington Blade file photo by Michael Key)

Two celebrations of life are planned for Sean Christopher Bartel, 48, who was found deceased on a hiking trail in Argentina on or around March 15. Bartel began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024.

A memorial gathering is planned for Friday, April 10, 11:30 a.m.-1:30 p.m. at the IBEW International Office (900 7th St., N.W.), according to a statement by the DC Gay Flag Football League, where Bartel was a longtime member. A celebration of life is planned that same evening, 6-8 p.m. at Trade (1410 14th St., N.W.). 

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